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HOTEL SYRACUSE, INC. v. YOUNG

No. 91-CV-1121.

805 F.Supp. 1073 (1992)

HOTEL SYRACUSE, INC. and Joseph M. Murphy, Plaintiffs, v. Thomas YOUNG, Individually and in His Official Capacity as Mayor of the City of Syracuse, C. Frank Harrigan, Individually and in His Official Capacity as the Corporation Counsel of the City of Syracuse, City of Syracuse Industrial Development Agency, Syracuse Economic Development Corporation, the City of Syracuse, and Does 1 Through 50, Defendants.

United States District Court, N.D. New York.

November 12, 1992.

Attorney(s) appearing for the Case

Deangelis, Kaplowitz, Rice & Murphy, Delmar, N.Y., for plaintiff Hotel Syracuse, Inc.; Brian M. Murphy, of counsel.

Shaw, Licitra, Eserino & Schwartz, P.C., Garden City, N.Y., for plaintiff Hotel Syracuse, Inc.; Stuart I. Gorden, of counsel.

Office of Irving P. Seidman, New York City, for plaintiff Joseph M. Murphy, Irving P. Seidman, P.C., of counsel.

Sive, Paget & Riesel, P.C., New York City, for plaintiff Joseph M. Murphy; Daniel Riesel, Robert M. Klingon, of counsel.

Hiscock & Barclay, Syracuse, N.Y., for defendants; Robert A. Barrer, of counsel.

MEMORANDUM-DECISION AND ORDER

MUNSON, Senior District Judge.

Presently before the court is defendants' motion to dismiss the complaint for (1) lack of subject matter jurisdiction, (2) failure to state a claim upon which relief can be granted, and (3) qualified immunity. Oral argument was heard on December 20, 1991 in Syracuse, New York. For the following reasons, the court grants defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) for failure...

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